Drafting Contracts How and Why Lawyers Do What They Do

ISBN-10: 073556339X

ISBN-13: 9780735563391

Edition: 2007

Authors: Tina L. Stark
List price: $80.00 Buy it from $11.87
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Description: Many great features ensure the value and reliability of this text: - Emphasizes the nexus between the business deal and the contract, throughout: i. PART 1 introduces the building blocks of contracts and teaches the analytic skill of "translating the business deal into contract concepts" so that students learn how and why a drafter chooses a specific contract concept ii. PART 2 sets out the framework of an agreement and works through it from the preamble to the signature lines, discussing the business, legal, and drafting issues of a contract iii. PART 3 turns to drafting rules for good writing and to techniques for enhancing clarity and avoiding ambiguity iv. PART 4 details how to look at the contract from the client's perspective -- what does the client want to achieve and what risks does the client want to avoid v. PART 5 shows students how to integrate everything they have learned: how to organize a contract, how to use precedents, and how to review and comment on a contract vi. PART 6 addresses ethical issues that arise in drafting vii. PART 7 provides additional exercises - presents a five-prong framework for considering business issues that appear in almost every transaction: money, risk, control, standards, and endgame - includes plentiful examples of well-drafted provisions - provides exercises for use in or out of class, individually or collaboratively, including contract mark-ups, new drafting, and both combined into a single exercise - integrates a single fact pattern throughout many exercises in the book -- the purchase of a jet by a ne'er-do-well with significant financial problems -- and varying fact patterns relating to employmentrelationships and to assignment and delegation provisions - accompanied by a Teacher's Manual that includes notes explaining the answers to each exercise and answers to questions that students commonly ask - also accompanied by a website that provides all mark-up exercises that can be projected and walked through during class, a template for formatting, and multiple versions of one of the culminating exercises so that professors can use the version best suited to their classes

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Book details

List price: $80.00
Copyright year: 2007
Publisher: Wolters Kluwer Law & Business
Publication date: 6/7/2007
Binding: Paperback
Pages: 461
Size: 8.25" wide x 10.75" long x 1.00" tall
Weight: 2.530
Language: English

Preface
Translating the Business Deal into Contract Concepts
A Few Words about Contract Drafting and This Book
The Building Blocks of Contracts: The Seven Contract Concepts
Translating the Business Deal into Contract Concepts: Part 1 (Representations and Warranties & Covenants and Rights)
Translating the Business Deal into Contract Concepts: Part 2 (Conditions, Discretionary Authority, and Declarations)
Drafting a Contract's Parts
A Contract's Parts
The Introductory Provisions: Preamble, Recitals, and Words of Agreement
Definitions and Defined Terms
Action Sections
Representations and Warranties
Covenants and Rights
Conditions to an Obligation
Discretionary Authority and Declarations
Will and Shall
Drafting the Contract Concepts: A Summary Chart
Endgame Provisions
General Provisions
Signature Lines
Drafting Clearly and Unambiguously
Legalese
Clarity through Format
Clarity through Sentence Structure
Ambiguity
Numbers and Financial Provisions
A Potpourri of Other Drafting Considerations
Deconstructing Complex Provisions
Drafting from the Client's Perspective
Adding Value to the Deals
Putting a Contract Together
Organizing a Contract and Its Provisions
The Drafting Process
How to Review and Comment on a Contract
Amendments, Consents, and Waivers
Drafting Ethically
Ethical Issues in Drafting
Other Drafting Materials
Additional Exercises
Appendices
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